Terms of service
Terms and Conditions - Bottom to Top
General Terms and Conditions (GTC) from Bottom to Top under Fischer Dynasty GmbH (as of August 2020)
The Bottom to Top brand is owned by Fischer Dynasty GmbH. For the sake of simplicity, the contracting party is referred to below as bottom to top vis-à-vis the customer.
The following conditions apply to all orders via the website www.bottomtotop.ch. The terms and conditions valid at the time of the order apply.
§ 1 contractual partner
The following terms and conditions apply to all of the contracts entered into via the online shop at the URL http://www.bottomtotop.ch
Bottom to top
Tel +41 79 350 25 29
Email info (at) bottomtotop.com
Registered in the Commercial Register of the Canton of Bern, CHE-209.363.898
and the customer.
Customers in the sense of these terms and conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
§2 Conclusion of the contract in electronic business transactions
The products and services listed in the online shop do not represent bottom-to-top binding offers. Rather, it is a request to the customer to submit a binding offer by placing an order.
As soon as we have received your order, you will receive an e-mail confirming that we have received your order and containing the details. We will then check the availability of the items you have ordered. If one or more items are not available, we will not accept your offer and you will receive a corresponding notification by email. Bottom to Top is entitled to accept the customer's contract offer within 3 (three) working days after receipt of the order. The contract with the customer is only concluded with the express acceptance of the order by Bottom to Top. Bottom to Top assumes no procurement risk and reserves the right to release itself from the obligation to fulfill the contract in the event of incorrect or improper self-delivery by suppliers. In the event of the unavailability or only partial availability of the service, Bottom to Top will inform the customer immediately; in the event of withdrawal, the consideration will be refunded to the customer immediately.
For technical reasons it is unfortunately not possible for us to accept orders by phone, fax, letter or email. We only accept orders that are placed in our online shop.
§3 information about your right of withdrawal
Consequences of withdrawal
We can refuse the repayment until we have received the goods back.
You have to return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the cost of returning the goods.
You have to pay for any depreciation of the goods.
Non-existence or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
§4 Voluntary right of return
We do not offer an extended voluntary right of return beyond the statutory right of withdrawal.
§5 prices; Shipping and handling costs
Our prices include the statutory value added tax valid at the time of the order. In the case of cross-border deliveries, additional taxes (e.g. in the case of an intra-community acquisition) and / or duties (e.g. customs duties) may have to be paid by the customer in individual cases. Buyer pays for shipping. Bottom to Top covers the shipping costs from a value of goods of CHF 80.00 for deliveries within Switzerland and from a value of CHF 150.00 for the majority of deliveries within Europe. The applicable delivery countries are listed under "Delivery & shipping costs". We will charge the price that was listed on the website at the time of your order. Orders are placed at the current daily price. Please note that we are not bound to an incorrect price. No sales contract has been concluded with your order.
Products that are not available are not displayed in the online shop or are marked with the note "sold out". If you have ordered a product that is no longer available due to an error, you will be informed by e-mail immediately after discovering the error.
Bottom to Top accepts the payment methods listed on the respective offer website. The customer chooses his preferred payment method from the available payment methods.
Bottom to Top reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or checks is not possible. Bottom to Top excludes liability in the event of loss. For transfers from abroad, bank fees may apply, which are to be borne by the customer.
Payment for the order must be made within 14 days of receipt of the order confirmation. Bottom to Top reserves the right to cancel the reservation of the ordered items after a further written deadline of 14 days for orders without registered receipt of payment.
§8 delivery conditions
The items purchased by the customer are dispatched according to the delivery times specified on the product pages after the payment method has been confirmed and the receipt of payment has been registered.
The delivery takes place to the delivery address given by the customer. You will be informed of the dispatch by email.
The risk of accidental loss of the ordered goods is transferred to the purchaser with the conclusion of the contract (Art. 185 Paragraph 1 OR).
§9 Receipt of the goods
If a delivery of goods arrives damaged, we would like to ask you for the following: If possible, report the damaged goods directly to the employee of the shipping service provider and document the degree and extent of the damage. Otherwise it is almost impossible to settle the damage if the contents of the package are damaged. You can refuse to accept damaged goods.
Any rights and claims of the customer - especially the legal rights of the buyer in the event of defects in the (purchased) item - remain unaffected by the above regulations.
§10 retention of title
We reserve title to all goods delivered by us until they have been paid for in full. In order to assert our reservation of title, we are entitled to demand the immediate surrender of the reserved goods, excluding any right of retention, unless the counterclaims are legally established or undisputed.
§11 Force Majeure
In the event that we cannot provide the service owed due to force majeure (in particular natural disasters and epidemics as well as pandemics), we are released from the obligation to perform for the duration of the hindrance. If it is impossible for us to execute the order or delivery of the goods for longer than a month due to force majeure, you are entitled to withdraw from the contract.
When purchasing goods, you are entitled to statutory warranty rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the item, taking into account the following provisions.
We are not the manufacturer of the goods we deliver. In the event of claims under the Product Liability Act, we will contact the manufacturer in your interest. Report any complaints to us by emailing us at info (at) bottomtotop.com.
The bottom-to-top guarantee is otherwise based on the following paragraphs. Bottom to Top does not generally give its own guarantees; the mere presentation of the articles in the online shop is therefore basically only to be regarded as a pure description of services.
There is no guarantee for damage caused by improper handling or use of the goods by the customer. The same applies to a so-called intentional wear.
Obvious defects must be reported by entrepreneurs within a period of 2 (two) weeks from receipt of the goods using the contact details given above; otherwise the assertion of the warranty claim is excluded. To meet the deadline, the dispatch of the notice of defects is sufficient.
Bottom to top is liable for damage caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely (so-called cardinal obligations) . The liability of bottom to top is limited to the foreseeable, contract-typical damage.
In the case of slightly negligent breaches of such contractual obligations that are not covered by the above paragraph (so-called insignificant contractual obligations), Bottom to Top is liable to consumers - however, this is limited to the foreseeable, contract-typical damage.
Any further liability is excluded - regardless of the legal nature of the asserted claim.
§14 contract language / storage of the contract text
The contract language is German.
The text of the contract is not saved by us and can no longer be called up after the ordering process has been completed. However, you can print out your order data immediately after submitting the order.
§15 place of performance
The place of performance is the seat of Bottom to Top.
§16 choice of law
The relationships between the contracting parties are governed by the law applicable in Switzerland, excluding the CISG.
§17 jurisdiction clause
The Swiss courts at the headquarters of Bottom to Top are responsible for disputes arising from the contractual relationship or from the alleged contractual relationship.
If one of the preceding clauses should be void, this does not invalidate all clauses.